(a) This subchapter applies to:      
        (1) facilities (which include TDMHMR Central Office);       
        (2) local authorities; and       
        (3) community centers.       
      (b) Facilities, local authorities, and community centers must require their contract providers of residential services, including residences certified by the intermediate care facilities for the mentally retarded or persons with a related condition (ICF/MR or ICF/MR/RC) program that are owned and operated by a local authority or community center, to comply with the applicable provisions of this subchapter.     
      (c) This subchapter does not apply to residences certified by the ICF/MR or ICF/MR/RC program  that are owned by a local authority or community center but operated under contract by a private provider, or that are privately owned and operated. Criminal history and registry clearances are conducted for such residences in accordance with rules of the Texas Department of Human Services (TDHS) in 40 TAC §§76.101- 76.106.     
     Source Note:        The provisions of this §414.502 adopted to be effective February 6, 2002, 27 TexReg 749